South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 3450


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3450
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010201
Primary Sponsor:                  Bingham
All Sponsors:                     Bingham, Knotts, Lourie, J.E. Smith, 
                                  Stuart, Altman
Drafted Document Number:          l:\council\bills\ggs\22768cm01.doc
Residing Body:                    Senate
Date of Last Amendment:           20020403
Subject:                          Misdemeanor death by vehicle, offense of 
                                  provided; Motor Vehicles, Accidents; Crimes 
                                  and Offenses, Transportation


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020529  Recalled from Committee,               11 SJ
                  placed on the Calendar
Senate  20020409  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020404  Read third time, sent to Senate
House   20020403  Amended, read second time
House   20020326  Amended, debate interrupted
                  by adjournment
House   20020320  Debate adjourned until
                  Tuesday, 20020326
House   20020318  Co-Sponsor added (Rule 5.2) by Rep.            Altman
House   20020307  Request for debate by Representative           J.H. Neal
                                                                 Rutherford
                                                                 Bales
                                                                 J. Young
                                                                 G.M. Smith
                                                                 Hosey
                                                                 Bingham
                                                                 McGee
                                                                 Howard
                                                                 Coates
                                                                 J. Brown
                                                                 Mack
                                                                 Gourdine
                                                                 Leach
                                                                 Loftis
                                                                 Rhoad
                                                                 Knotts
House   20020306  Committee report: Favorable with       25 HJ
                  amendment
House   20010201  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on March 6, 2002 - Word format
Revised on March 26, 2002 - Word format
Revised on April 3, 2002 - Word format
Revised on May 29, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

RECALLED

May 29, 2002

    H. 3450

Introduced by Reps. Bingham, Knotts, Lourie, J.E. Smith, Stuart and Altman

S. Printed 5/29/02--S.

Read the first time April 9, 2002.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Judicial Department

    The department indicates there will not be a fiscal impact on the General Fund of the State or on federal and/or other funds.

State Law Enforcement Division (SLED)

    The SLED states this bill would have a minimal impact on the General Fund of the State. Under existing legislation testing is done in the in the majority of instances where law enforcement officers have reason to believe alcohol or drugs, or both may have contributed to a traffic accident resulting in serious bodily injury or death. Any increase in cases would be minimal and could be absorbed within existing resources.

Department of Public Safety (DPS)

    The DPS states this bill would have no impact on the General Fund of the State as chemical tests are currently performed by the State Law Enforcement Division.

LOCAL GOVERNMENT IMPACT:

    All of the local governments surveyed responded that passage of this bill will have a minimal or no fiscal impact on their locality.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The 1976 Code is amended by adding:

    "Section 56-5-2925.    (A)    A person who unintentionally causes the death of another person while violating a state law or local ordinance which applies to the operation or use of a vehicle or to the regulation of traffic, and the violation is the proximate cause of the accident, is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

    (B)    For the purposes of this section, 'state law or ordinance which applies to the operation or use of the vehicle or to the regulation of traffic' does not include the offenses of causing great bodily injury or death by operating a vehicle while under the influence of alcohol, drugs, or the combination of both, or reckless homicide."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 56-5-2956.    Notwithstanding any other provision of law, when a motor vehicle accident results in the death of a pedestrian or a person who is either a passenger in, or the operator of a motor vehicle involved in an accident, then a chemical test must be administered on all operators of motor vehicles who are involved in the accident and upon the decedent if he was not an operator of a motor vehicle."

SECTION    3.    This act takes effect upon approval by the Governor.

----XX----


This web page was last updated on Tuesday, December 8, 2009 at 11:20 A.M.